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"Too Smart for an IEP" but Suspended for Behavior: Fighting Evaluation Denials and Expulsion Threats

A common and dangerous contradiction in special education occurs when a school refuses to evaluate a neurodivergent student for an IEP because they are "academically fine" or getting good grades, yet simultaneously suspends that same student for disability-related behaviors. Parents are often left in a terrifying limbo: told their child doesn't qualify for help because they are smart, but threatened with expulsion or Child Protective Services (CPS) involvement because of behavioral challenges like hitting or elopement.

If you are facing this situation, it is critical to know that the law offers specific protections for students in this exact position.

1. The "Deemed to Know" Protection (Your Shield Against Expulsion)

If a school threatens expulsion or long-term suspension for a student without an IEP, parents often feel helpless. However, under the Individuals with Disabilities Education Act (IDEA), if a parent has expressed concern in writing before the behavior incident occurred, the child is "Deemed to Know" to have a disability.

  • What this means: Even if the student does not have an IEP yet, the school must treat them as if they do regarding discipline. They cannot expel the student without holding a Manifestation Determination Review (MDR) to prove the behavior wasn't caused by their disability. If the behavior (e.g., hitting due to sensory overload or denied basic needs) is a manifestation of the disability, the school legally cannot expel the student.

2. The "Academic Impact" Myth

Schools frequently deny evaluations by claiming a student’s grades are too high to qualify for special education. This is often a violation of "Child Find" mandates.

  • The Law: IDEA defines educational performance as Academic AND Functional.

  • The Reality: If a student is being suspended, sent to the office repeatedly, or is aggressive toward peers, their functional performance is significantly impacted. Suspension is an adverse educational impact because the student is removed from the learning environment.

  • Action: Request Prior Written Notice (PWN) immediately. Demand the school put their refusal in writing: "Please provide a Prior Written Notice explaining why the district believes repeated suspensions do not constitute an adverse educational impact warranting an evaluation."

3. Intimidation Tactics: Medicine and CPS

  • "Practicing Medicine": It is inappropriate and often illegal for school staff to tell a student or parent that the child "needs medicine." Teachers are not medical professionals. Document these comments immediately.

  • Weaponizing CPS: Schools sometimes threaten to call Child Protective Services (CPS/DCS) if a parent cannot pick up a unregulated child immediately. This is often an intimidation tactic used to force a parent's hand. While parents must ensure their child is safe, using state agencies to manage school behavioral failures is a failure of the school's support system, not necessarily parental neglect.

4. Addressing Basic Needs Violations

Behavior is communication. If a student acts out because they were denied access to a bathroom or forced into a sensory-overloading situation (like a loud assembly or carpet time) despite known sensitivities, the behavior is a result of the environment. Punishing a student for reacting to a denied biological need is ineffective and unjust.